Case Reports

The UK Supreme Court has dismissed the appeal of a company which claimed a rival had infringed its design of a ride-on suitcase for children, affirming criticisms made by the Court of Appeal that the Community Registered Design (CRD) for the product was not simply a claim for a suitcase shape but fo

The Supreme Court has overturned the High Court’s decision to dismiss a case as “bound to fail”, brought by a construction company against a bank, concerning the ability to benefit from the sale of an incomplete development. Moylist Construction Limited was involved as the contractor in a buil

The Court of Appeal has ordered a retrial of a case concerning a man's last will and testament following an application by his surviving civil partner, which was originally refused by the President of the High Court. The case concerned two testamentary documents. The first had been executed by Mr Br

The Supreme Court has dismissed an appeal by two dentists who claimed that unilateral alterations to their contracts, with regards to which treatments given to medical card holders could be funded, were a breach of contract. Mr Martin Reid and Mr James Turner brought the appeal against the Health Se

The Court of Justice of the European Union (CJEU) has confirmed that citrus fruit labelling indicating the preserving agents and other chemical substances used in post-harvest processing is compulsory. A provision of EU law on the marketing of citrus fruit (lemons, mandarins and oranges) provides th

The Court of Justice of the European Union (CJEU) has ruled that authorised Daimler dealers are not responsible for advertisements which, despite their efforts to have them removed, continue to associate their name with the trade mark “Mercedes-Benz” on the internet and Daimler cannot require th

The Court of Appeal has upheld the decision of the High Court, not to order the discovery of the without prejudice correspondence leading to the settlement passing between the Central Bank and Irish National Building Society (“INBS”), as requested by former executive director and secretary John

The European Court of Human Rights (ECtHR) has ruled the article 6 right to a fair trial of a German man was not violated after he complained that evidence found coincidentally during an unlawful house search had been admitted in criminal proceedings against him. The applicant, Hans-Otto Prade, is a

The case between Ewaen Fred Ogieriakhi and the Minister for Justice and Equality, Ireland, the Attorney General and An Post had spanned ten years, and been before a number of High Court judges, the Supreme Court, the European Court of Justice and finally the Court of Appeal. In essence, it concerned

The President of the High Court Mr Justice Kelly has made an order of costs in respect of a number of backdated practising certificates, in which he criticized the Law Society for claiming an entitlement to seek €350 in costs from each solicitor who applies to have their practising certificate bac

, the Court found that the criteria did not amount to a policy, as it emerged from a consideration of the current political landscape. Thus, the Court concluded that the criteria adopted are sufficiently reasonable and impartial and that they are proportionate to the needs of the political debate an

A man convicted of murder and the possession of a firearm with intent to endanger life has been granted a Certificate pursuant to s. 29 of the Courts of Justice Act 1924, to the effect that the decision of the Court of Criminal Appeal raised an issue of exceptional public concern, and that it was in

The Court of Appeal have dismissed an appeal brought by a road haulage company against the severity of a €1 million fine imposed on it following its plea of guilty on 18th December 2012 to an offence contrary to ss. 12 and 77(9) of the Safety Health and Welfare at Work Act 2005. The particulars of

An asylum appeal is to be re-heard after the High Court found that the introduction to the Refugee Asylum Tribunal’s decision had incorrectly stated that the Refugees Application Commission had found no or minimal basis for the application. The applicant had been born in Nigeria, and his claim of

A man has had his sentence for rape reduced by the Court of Appeal after the Court found that the Crown Court incorrectly found that he represented a significant risk of serious harm from similar offending. Mr Lukasz Artur Kubik had been found guilty of raping a woman who approached him and a group